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01-2864 U.S. v. Williams

“In order to enhance a defendant’s sentence due to prior convictions, the government must timely file an information under 21 U.S.C. § 851(a) describing the bases for the enhancement. Post-conviction but prior to sentencing, the district court is then required ...

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01-2792 Cops v. City of Kaukauna, et al.

Henry and Geradus Cops appeal a summary judgment in favor of the City of Kaukauna and Wausau Underwriters Insurance Company. They also appeal the dismissal of their inverse condemnation claims against the City and the Wisconsin Department of Transportation. The ...

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01-4122, 02-1190 U.S. v. Mitchell

“Mitchell and Peete note that the Supreme Court subsequently applied Lopez to narrow a criminal statute and invalidate another law on Commerce Clause grounds. See Jones v. United States, 529 U.S. 848 (2000); United States v. Morrison, 529 U.S. 598 ...

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01-2173-CR State v. Krispin

James J. Krispin appeals a judgment convicting him of fourth-degree sexual assault, two counts of second-degree sexual assault by use of force, and three counts of misdemeanor bail jumping, all as a habitual criminal. Krispin, claiming that the State engaged ...

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02-0661-CR State v. Stocks

Alexander Stocks appeals from the judgment of conviction entered after a jury convicted him of retail theft – habitual criminality. He also appeals from the trial court’s order denying his motion for postconviction relief. Stocks contends that the trial court ...

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01-4162 Jackson v. Illinois Medi-Car, Inc.

“[A]lthough Mr. Jackson has demonstrated that he suffered from an objectively serious medical condition, we certainly cannot conclude on this record that Mr. Howard acted with deliberate indifference to the situation. Mr. Howard’s role in this incident was markedly different ...

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Badger Mutual can be limited to its facts

On July 10, the Wisconsin Supreme Court ruled that an unambiguous clause in an insurance policy, which is specifically-approved by statute, can be rendered invalid if the remainder of that policy does not adequately explain the coverage in which the ...

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01-2502 State v. Veneman

“[W]e determine that there was sufficient evidence pertaining to the relevant time period from January to April 1999 from which the jury could reasonably conclude that Venema ‘crossed the line’ in violation of the statute. However, we have no way ...

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01-2715 County of Dane v. Sporle

Sherman Sporle appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI), as a first offense. He claims the trial court erred in denying his motion to suppress evidence of the results ...

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01-1668 State v. Hauk

However, because defendant never waived her right to a jury trial – to have a jury determine all the elements of the crime of bail-jumping, we reverse her conviction and remand for a new trial. “We conclude that the State ...

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02-0032 State v. Arbuckle

In County of Ozaukee v. Quelle, 198 Wis.2d 269, 280, 542 N.W.2d 196 (Ct. App. 1995), we formulated a three-part test to use when an allegedly intoxicated driver claims that he or she reasonably refused to take a test to ...

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02-0832-CR State v. Decorah

The State appeals a judgment dismissing charges of operating while intoxicated and operating with a prohibited blood alcohol concentration, both third offenses, against Patrick Decorah. The State argues that Wisconsin State Patrol trooper Patrick Kraetke had reasonable suspicion to stop ...

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02-0393-CR State v. Smith

Douglas E. Smith appeals from a judgment entered on a jury verdict convicting him of obstructing an officer, as an habitual criminal, and from the trial court’s order denying his motion for postconviction relief. He claims that the trial court ...

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01-2696 State ex rel. Seals v. Schwarz

Dwayne Seals appeals from the order affirming the decision to revoke his probation. He argues on appeal that the Division of Hearings and Appeals (DHA) acted contrary to law and without substantial evidence when it revoked his probation. We disagree ...

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01-3439 State v. Phillips

The State of Wisconsin appeals a Terry issue decided adversely to it. The State argues that when the officer saw a car door fly open while the automobile was making a left turn and then saw the passenger close the ...

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01-2961 State v. Devereux

Richard Devereux appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. The trial court denied the motion without a hearing, implicitly concluding that the record conclusively showed that the motion lacked merit. Devereux ...

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